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The Lacey Act

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The Lacey Act. The Lacey Act. The purpose of the Lacey act is to prevent trade in wood products made from illegally harvested lumber. The Lacey Act makes it:

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the lacey act1
The Lacey Act
  • The purpose of the Lacey act is to prevent trade in wood products made from illegally harvested lumber.
  • The Lacey Act makes it:
    • Unlawful to trade in any plant that is taken, possessed, transported, or sold in violation of the laws of the United States, a State, Indian Tribe, or any foreign law that protects plants
    • Unlawful to falsify documents, accounts or records of any plant covered by the Act
    • Unlawful to import certain plants and plant products without an import declaration
Exemptions from the Declaration Requirement
  • Currently only sections of HTS Chapters 44, 47, 48, and 94 are scheduled to require declaration
  • Plants and plant products used exclusively as packing material to support, protect, or carry another item including (but not limited to):
    • Instruction manuals, labels, pallets and crating, etc.
  • “Common cultivars” and “common food crops”
    • To be defined by APHIS and FWS in joint rulemaking
  • Plants for planting
Lacey Act vs. Declaration Requirement
  • The Declaration Requirement is only a small part of the entire Lacey Act
  • Even if a shipment is exempt from the Declaration Requirement – the Lacey Act is still in force
  • Example: Hammers with wooden handles
    • HTS Chapter 82 – no declaration required
    • The Lacey Act itself still applies to the wooden handles
      • If the handles were made from illegally harvested trees – the hammer shipment is in violation of the Lacey Act
PPQ 505
  • Many of the data elements that relate to the APHIS form PPQ 505 are already captured by current transactions at the Entry level
  • New Elements needed:
    • Container # - the number of the shipping container in which the product is being shipped
    • Intended use – name of product and its use (ex: wooden spoons for kitchenware)
    • Entered value – value of entire shipment of imported item
    • Article or Component of Article – brief description of each article
    • Plant Scientific Name - Genus & Species
    • Country of Harvest – country where the plant was harvested
    • Quantity of Plant Material/Unit of Measure – how much product is in the shipment
    • % Recycled Material – percentage of recycled material in product
Lacey Act websites

Lacey Act website

      • What you will find there:
        • Link to PPQ Form 505: Plant & Plant Product Declaration Form
        • Links to Lacey Act Federal Register Notices
        • Links to other Lacey Act related Documents
        • Link to look up plant genus and species
  • Genus & Species website

For further information on the Lacey Act please visit: